Does California Have Romeo and Juliet Laws?

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Quick Summary

California does not have a formal Romeo and Juliet law, but it does treat certain age-gap relationships differently under statutory rape laws. The age of consent in California is 18, and any sexual activity with a minor is illegal, even if both parties consent. However, if the age difference is less than three years, the offense is charged as a misdemeanor instead of a felony. Larger age gaps can lead to felony charges and possibly sex offender registration. California law allows some discretion based on the facts, but legal consequences can still be severe.

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When young people fall in love, they rarely, if ever, think that their relationship could lead to criminal charges. Consequently, Romeo and Juliet laws, which are the legal protections available in some states for consensual sexual activity between minors close in age, have become an important topic for teenagers and their parents.

These laws, named after Shakespeare’s young lovers, prevent teenagers from being branded as sex offenders for engaging in consensual relationships with their peers. Otherwise, these young people could be arrested for sex crimes and face consequences like a criminal record, sex offender registration, restrictions on where they can live and work, and barriers to education and employment.

California doesn’t have a formal Romeo and Juliet law like other states. Knowing how California law works in these situations is important for anyone facing charges for falling in love with someone they legally shouldn’t have.

Get answers to your legal questions. Speak with a San Diego County criminal defense lawyer about your case > (619) 719-1087

What Are Romeo and Juliet Laws?

Romeo and Juliet laws are state statutes that permit consensual sexual activity between minors who are close in age. These laws recognize that teenage relationships are a normal part of development and that criminalizing consensual contact between peers can lead to harsh and even traumatic consequences.

The purpose of these laws is to prevent teenagers from being charged with sex crimes (and being required to register as sex offenders) when the relationship involves mutual consent and there’s only a small age difference between participants. For example, these laws might protect an 18-year-old high school senior from felony charges for having a consensual relationship with their 16-year-old classmate.

Romeo and Juliet laws vary from state to state. There’s no federal standard, and each state has its own approach to this challenging situation. 

Does California Have a Romeo and Juliet Law?

As we already indicated, California doesn’t have a formal Romeo and Juliet law like those found in other states. This doesn’t mean that all cases involving consensual activity between minors are treated the same under California law: there are distinctions based on the age difference between participants, and prosecutors and judges have flexibility in how they handle these cases. 

How California Law Treats Consensual Teen Relationships

In California, the age of consent is 18, and any sexual contact with someone under that age is considered a crime, even if both people agree to it. That means a 19-year-old can be charged for being with a 17-year-old, despite the relationship being mutual. That said, the age difference between the parties can impact the outcome.

• Misdemeanor Charges: When the age difference between participants is less than three years, the offense is charged as a misdemeanor. For example, if an 18-year-old engages in consensual sexual activity with a 16-year-old, it would generally result in misdemeanor charges. Misdemeanor statutory rape is punishable by up to one year in county jail and fines.
• Felony Charges: When the age difference is three years or more, the offense can be charged as a felony. This means a 21-year-old engaging in sexual activity with a 17-year-old could face felony charges. Felony statutory rape can result in up to four years in state prison, substantial fines, and more severe long-term consequences.

Under California law, consent isn’t a legal defense to statutory rape charges. Even if both parties agreed to the sexual activity and were in a loving, committed relationship, it doesn’t prevent criminal charges from being filed. The penalties become even more severe when there are additional aggravating factors: for example, if the minor is under 16 and the adult is over 21, the potential prison sentence increases to up to four years. 

What About Sexting and Non-Physical Conduct?

These days, Romeo and Juliet-type situations can extend beyond physical contact. This is why California law also addresses digital communications between minors, and the consequences can be just as serious. 

For example, when teenagers send or receive sexually explicit photos or videos (even of themselves), they may be charged under California’s child pornography laws, regardless of their age or the consensual nature of the exchange. This means that a 17-year-old who takes and sends an explicit photo of themselves to their same-age romantic partner could potentially face charges for producing and distributing child pornography, while the recipient could face charges for possession.

Digital evidence is often easily preserved and difficult to dispute. What teenagers might consider private, consensual communication can become the basis for serious criminal charges that follow them for the rest of their lives.

Are There Any Legal Defenses to These Charges?

While consent isn’t a legal defense to statutory rape charges in California, the age difference between participants affects both the type of charges filed and the potential penalties. Criminal defense attorneys can explore several options to minimize the impact of these charges:

• Charge Reduction: Prosecutors have discretion in how they charge cases, and a skilled defense attorney can try to negotiate for reduced charges, particularly in cases involving small age differences. For example, a felony charge might be reduced to a misdemeanor, or charges might be dismissed entirely in exchange for community service or counseling. This approach can reduce the potential penalties and long-term consequences for the defendant.
• Alternative Sentencing: California courts recognize that not all statutory rape cases are the same. Judges may consider factors such as the relationship between the parties, their respective ages and maturity levels, and the ongoing consensual nature of the relationship. Alternative sentencing options might include probation, community service, counseling programs, or deferred adjudication that allows for dismissal upon successful completion of certain requirements.
• Avoiding Sex Offender Registration: In some cases, defendants may be able to avoid the requirement to register as a sex offender, particularly when the age difference is small and other mitigating factors are present. Sex offender registration carries lifelong consequences that affect housing, employment, and personal relationships, so avoiding it is a priority.

When evaluating these cases, prosecutors and judges consider mitigating factors like the nature and duration of the relationship, the age difference between participants, the presence of any coercion or pressure, and the defendant’s criminal history. The sooner a sex crimes defense attorney becomes involved, the more options may be available for protecting your rights and future.

What Should You Do If You’ve Been Arrested?

If you’ve been arrested, it’s important to act quickly. We recommend that you take the following steps:

• Stay Calm and Remain Silent: Don’t argue with the police or try to explain your side. Never forget that anything you say can be used against you later. You have the right to remain silent, and it’s usually best to use it.
• Ask for an Attorney Immediately: Tell the officers you want a lawyer and that you will not be answering questions. You don’t have to explain or justify this request. Once you ask, they should stop questioning you. You must clearly and unequivocally tell them that you are asserting your right to remain silent and that you want to speak to a lawyer. 
• Avoid Talking About Your Case: Don’t discuss the arrest with friends, family, or anyone else while in custody, as these conversations might be recorded or shared. Wait until you’re speaking privately with your lawyer.
• Be Cautious With Social Media: Don’t post anything about your arrest online. Prosecutors and investigators may review your accounts, and anything you post could be used to your detriment.
• Follow Your Lawyer’s Advice: Once you’ve hired an attorney, let them guide your next steps. They’ll explain what to expect in court, help you build a defense, and speak on your behalf.
• Show Up to All Court Dates: Missing a court appearance can lead to additional charges or a warrant. Keep track of your hearing dates and arrive on time.

How Rubin Law Office Can Help

Sex-related criminal charges, even those involving consensual activity between teenagers, carry severe consequences that can impact every aspect of a person’s life. Attorney David Rubin is a former prosecutor who knows how these cases are built and uses those insights to protect a young client’s future. When you hire our criminal defense firm, you benefit from the following:

• Thorough Investigation: We review police reports, witness statements, and evidence collection methods to identify any weaknesses in the prosecution’s case. We also evaluate the timing and manner of arrests, interrogations, and searches to confirm that all constitutional rights were protected.
• Strong Defense Planning: Drawing on experience from both sides of the courtroom, we identify the most compelling arguments for your defense. We prepare for various scenarios, from plea negotiations to trial representation, so we’re always ready to adapt our strategy when necessary.
• Negotiation with Prosecutors: Whenever possible, we strive to get your charges dismissed, reduced to lesser offenses, and negotiate alternative sentencing arrangements. This includes presenting mitigating factors, highlighting weaknesses in the case, and proposing solutions that address the court’s concerns while protecting your future.
• Protection of Future Opportunities: You have your entire life ahead of you, so we fight to minimize the long-term impact of these charges on your education, career, and personal relationships. We also counsel you on how to address these charges in future applications and interviews.
• Compassionate Representation: We recognize that these cases involve young people who made mistakes or found themselves in complicated situations. Our team takes time to listen to your story, explain the legal situation in clear terms, and provide emotional support throughout what can be a frightening and confusing time.
• Family Support: These cases affect entire families, so we work closely with parents and guardians whenever possible. We provide regular updates on case progress, explain court procedures and timelines, and help everyone prepare for what to expect at each stage. We also connect families with additional resources when needed, such as counseling services or educational consultants who can help minimize disruption to the student’s academic progress.

Speak With A San Diego County Criminal Lawyer For Free

While California doesn’t have traditional Romeo and Juliet laws, state law does recognize distinctions based on age differences and other factors. If you, your child, or someone you know is facing charges related to consensual activity between minors, act now. The earlier a criminal defense attorney gets involved, the better your chance of putting this upsetting time behind you. To schedule a confidential and free consultation, contact Rubin Law Office today at (619) 719-1087 or use the contact form, and we’ll get right back to you.